New Clause 11
Welfare Reform Bill
4:00 pm

Claimants’ Charter and Employment Services Ombudsman

‘(1) Regulations under this section shall make provision for the extension of the powers of the Parliamentary and Health Services Ombudsman under the Parliamentary Commissioner Act 1967 (c. 13) to administer disputes between claimants and bodies exercising powers under this Act, with particular reference to the Claimants’ Charter as under subsection (2) below.

(2) Regulations under this section shall make provision for a Claimants’ Charter to set out the rights and duties of Claimants under the provisions of this Act.

(3) Regulations under this section must, in particular, make provision for the following—

(a) a copy of the Charter must be given to each claimant upon initial contact with providers exercising powers under this Act, together with information concerning the independent employment services ombudsman,

(b) claimants not in employment should not be forced to live below the poverty line which shall be defined in further Regulations under this section,

(c) claimants must be treated with dignity and respect by all providers exercising powers under this Act,

(d) claimants must not be subject to degrading or discriminatory treatment in all of their interactions with providers exercising powers under this Act,

(e) following initial contact with providers exercising powers under this Act claimants must be fully informed of, and provided with written confirmation of, the conditions of their benefit claim in addition to the consequences of failing to meet those conditions,

(f) provision of services by providers exercising powers under this Act must be timely and accurate,

(g) monitoring of claims by claimants under this Act shall be available via telephone services free of charge, if claimants have difficulties using telephone services they must be entitled to face-to-face services,

(h) claimants must have an opportunity to appeal against any decision under this Act leading to a reduction in benefits; clear advice to this end must be provided to the claimant before a sanction is applied,

(i) claimants are entitled to high-quality, individually tailored support and must be given access to services that will improve their ability to access decent work, including education, training, condition management and legal support in instances of employer discrimination,

(j) claimants must be made aware of, and advised on, all of the support for training, childcare and transport to interview costs they are entitled to by providers exercising powers under this Act,

(k) no claimant shall be required to participate in activity which would otherwise be a condition of benefit entitlement under this Act if appropriate childcare, or other reasonable support required to enable participation, is not available,

(l) no claimant shall be required to take part in an activity under this Act for which it would be reasonable to expect payment, unless they are in receipt of compensation for that activity in line with the National Minimum Wage, and

(m) claimants must be able to access free, independent and appropriate advice in relation to all aspects of the Act.’.—(Paul Rowen.)

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